Rights of Withdrawal. Tenders of Shares made pursuant to the Offer may be withdrawn at any time prior to the Expiration Date. After the Expiration Date (including any date to which the Offer is extended), all tenders made pursuant to the Offer are irrevocable. To be effective, a written notice of withdrawal must be timely received by the Subadministrator at its address set forth on the last page of this Offer to Purchase. Any notice of withdrawal must specify the name of the person who previously executed the particular Letter of Transmittal and the amount of Shares to be withdrawn, which must be all of the Shares tendered. All questions as to the form and validity, including time of receipt, of any notice of withdrawal will be determined by the Fund, in its sole discretion, which determination shall be final and binding. Neither the Fund, the Advisers, the Administrators, nor any other person shall be under any duty to give notification of any defects or irregularities in any notice of withdrawal nor shall any of the foregoing incur any liability for failure to give such notification. Any Shares properly withdrawn will be deemed not to have been validly tendered for purposes of the Offer. However, withdrawn Shares may be re-tendered by following the procedures described in Section 3 of this Offer to Purchase at any time prior to the Expiration Date. If the Fund is delayed in its acceptance for payment of Shares, or it is unable to accept for payment Shares tendered pursuant to the Offer, for any reason, then, without prejudice to the Fund's rights under this Offer, the Subadministrator may, on behalf of the Fund, retain tendered Shares, and such Shares may not be withdrawn except to the extent that tendering Shareholders are entitled to withdrawal rights as set forth in this Section 4.
Rights of Withdrawal. We will only accept requests to withdraw from an agreement to purchase if such requests are made in writing within 48 hours of the receipt of the trade confirmation for the purchase and/or within two (2) business days of receipt of the Fund Facts for the fund in connection with the purchase. The trade confirmation and Fund Facts will be deemed conclusively to have been received in the ordinary mail by you within five (5) days of the date it is mailed.
Rights of Withdrawal. Until the Collection Date, neither the Borrower nor any Borrower Advisor shall have any rights of direction or withdrawal, with respect to amounts held in any Controlled Account, except to the extent explicitly set forth in Section 2.04 or Section 2.19.
Rights of Withdrawal. 13 5. Certain Federal Income Tax Consequences of the Offer ............................ 14 6. Price Range of Shares; Dividends ................................................ 14 7.
Rights of Withdrawal. However, the Merger Agreement may be terminated by any party on and after August 29, 2003. Although Signal is required to file certain information and documentary material with the FTC and the Antitrust Division in connection with the Offer, neither Signal's failure to make such filings nor a request from the FTC or the Antitrust Division for additional information or documentary material made to Signal will extend the waiting period. The FTC and the Antitrust Division frequently scrutinize the legality under the antitrust laws of transactions such as the proposed acquisition of Shares by Purchaser pursuant to the Offer and the Merger. At any time before or after Purchaser's purchase of Shares, the Antitrust Division or the FTC could take such action under the antitrust laws as it deems necessary or desirable in the public interest, including seeking to enjoin the acquisition of Shares pursuant to the Offer or seeking divestiture of Shares acquired by Purchaser or the divestiture of substantial assets of Crane, Signal or any of their respective subsidiaries. Private parties (including individual states of the United States) may also bring legal action under the antitrust laws under certain circumstances. There can be no assurance that a challenge to the Offer on antitrust grounds will not be made or, if a challenge is made, what the result will be. See "Section 14--Certain Conditions of the Offer" for certain conditions to the Offer that could become applicable in the event of such a challenge. State Takeover Laws. A number of states have adopted laws and regulations that purport to be applicable to offers to acquire securities of corporations which are incorporated in those states, or that have substantial assets, stockholders, principal executive offices or principal places of business or whose business operations otherwise have substantial economic effects in, those states.
Rights of Withdrawal. 17.1 Within seven (7) Business Days after the Opt-Out Deadline, Class Counsel will provide Defense Counsel information sufficient to show whether the condition enumerated in Section 17.3 occurred (which, to the extent this information needs to be filed with the Court, the Parties shall request remain under seal). Such information must include a reasonable estimate or minimum number of total Settlement Class Members and the total number of Opt-Outs.
Rights of Withdrawal. In addition to and without limiting any applicable statutory rights of rescission, Xxxxx has the right to withdraw from this Agreement with immediate effect if: (i) Supplier has stopped supplying its customers; (ii) there is or threatens to be a fundamental deterioration to the financial circumstances of Supplier and as a result of this the performance of a supply obligation to Xxxxx is in jeopardy; (ii) Supplier meets the criteria for insolvency or over-indebtedness; (iv) Supplier stops making its payments; or (v) Supplier files an application for insolvency or comparable debt settlement proceedings to be initiated with respect to its assets. If Supplier has rendered part performance, Xxxxx only has the right to cancel the entire Agreement if it has no interest in the partial performance. If Xxxxx withdraws from this Agreement in accordance with its terms, then Supplier must compensate Xxxxx for the loss or damage incurred as a result, unless Supplier was not responsible for the rights arising to withdraw from the Agreement.
Rights of Withdrawal how you can cancel the agreement You have the right to withdraw from this agreement within a period of 14 calendar days beginning on the latest of:
Rights of Withdrawal. CLSL will only accept requests to withdraw from an agreement to purchase, if such request is made in writing and within two (2) business days after receipt of the Fund Facts document for the fund, or within forty-eight (48) hours after the receipt of the confirmation of the purchase. The trade confirmation/ Fund Facts will be deemed conclusively to have been received in the ordinary mail by the client within five (5) days of the date it is mailed, whether mailed by CLSL or by or on behalf of the mutual fund company.
Rights of Withdrawal. 15.1 If the number of Opt-Outs exceeds the number agreed to by the Parties and submitted to the Court under seal and any Defendant determines that the number of Opt-Outs is unsatisfactory, the Defendant, in its sole option, shall have the right to withdraw from the Settlement and terminate this Settlement Agreement in accordance with Section 15.2 below. In addition, if the Court does not approve the Settlement Agreement as submitted, it shall be terminated.
